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互联网平台反垄断合规指引如何保障算法公平?专家解读
Yang Shi Xin Wen· 2025-11-15 02:54
Core Viewpoint - The State Administration for Market Regulation has released the "Antitrust Compliance Guidelines for Internet Platforms (Draft for Comments)" to guide internet platform companies in managing antitrust compliance and promoting innovation and healthy development in the platform economy [1][2]. Group 1: Antitrust Compliance Guidelines - The draft encourages platform operators to conduct platform rule reviews and algorithm screenings to strengthen antitrust compliance risk management [1]. - It emphasizes the need for compliance screenings to focus on core algorithm models that affect traffic and pricing, including pricing algorithms, recommendation systems, and sorting logic [1]. - A dynamic monitoring mechanism is to be established to examine whether traffic distribution has discriminatory designs and unfair trading orientations [1]. Group 2: Algorithm Screening and Platform Rules - Effective algorithm screening by platform operators can identify potential monopolistic risks, ensuring that algorithm operations align with fair competition principles [1]. - The combination of algorithm screening and platform rule reviews forms a critical defense against antitrust compliance risks, limiting the powers of platform operators as managers [1]. - The guidelines propose specific measures for addressing unfair rules and opaque algorithms that may lead to complex commission structures and dynamic pricing mechanisms [2]. Group 3: Global Implications - The guidelines reflect a Chinese approach to platform rule reviews and algorithm screenings, showcasing China's experience in platform economy governance to the world [2].
市场监管总局重磅发布!事关平台经济
Zheng Quan Shi Bao· 2025-11-15 01:34
Core Viewpoint - The State Administration for Market Regulation (SAMR) has drafted the "Antitrust Compliance Guidelines for Internet Platforms (Draft for Comments)" to help platform operators identify, assess, and prevent antitrust compliance risks, thereby promoting fair competition and healthy development of the platform economy [1][2][3]. Group 1: Purpose and Importance of the Guidelines - The guidelines aim to support platform operators in effectively preventing antitrust compliance risks and establishing a robust compliance management system [15][18]. - They emphasize the necessity of antitrust compliance management to avoid legal liabilities and enhance brand image and competitive advantage [18]. - The guidelines are designed to foster a fair competitive environment, which is essential for the innovation and healthy development of the platform economy [3][14]. Group 2: Key Features of the Guidelines - The guidelines are problem-oriented and respond to societal expectations by providing clear behavioral directives for platform operators [3]. - They are non-mandatory and serve as general guidance for antitrust compliance, helping to reduce uncertainty costs for platform operators [3]. - The guidelines focus on enhancing the specificity and effectiveness of antitrust compliance management by summarizing new types of monopolistic risks in eight scenarios [3][4]. Group 3: Principles for Antitrust Compliance Management - The guidelines outline four key principles for antitrust compliance management: 1. Targeted Principle: Identify and assess compliance risks based on industry, business model, and governance structure [4]. 2. Comprehensive Principle: Ensure full-chain compliance covering all business areas, departments, and employees [4]. 3. Penetrative Principle: Establish a thorough compliance management system across headquarters and subsidiaries [4]. 4. Continuous Principle: Maintain an effective compliance management system and regularly evaluate compliance status [4][20]. Group 4: Risk Identification and Management - The guidelines provide a framework for identifying risks related to monopolistic agreements and abuse of market dominance [6][7]. - They detail specific behaviors that could lead to monopolistic agreements, including horizontal and vertical agreements, and provide examples of risks [6][7][9]. - The guidelines encourage platform operators to conduct risk assessments, reminders, and preventive measures to manage antitrust compliance risks effectively [10][11][12]. Group 5: Compliance Management Mechanisms - The guidelines advocate for the establishment of dedicated antitrust compliance management institutions within platform operators [13]. - They suggest implementing a closed-loop risk management mechanism that includes compliance reporting, training, assessment, and supervision [13]. - The guidelines highlight the importance of cooperation with antitrust enforcement agencies during investigations and compliance rectifications [12][64]. Group 6: Significance of Strengthening Antitrust Compliance - Strengthening antitrust compliance is crucial for optimizing the competitive ecosystem and fostering a culture of fair competition among platform operators [14]. - The guidelines aim to concentrate innovation efforts and encourage platforms to focus on high-quality innovation and participation in national strategic technological advancements [14]. - Compliance with antitrust regulations is increasingly seen as a key factor for gaining recognition and trust from consumers, employees, and investors in a dynamic market environment [14].
市场监管总局重磅发布!事关平台经济→
Zheng Quan Shi Bao· 2025-11-15 01:29
Core Viewpoint - The State Administration for Market Regulation has drafted the "Antitrust Compliance Guidelines for Internet Platforms (Draft for Solicitation of Comments)" to help platform operators identify, assess, and prevent antitrust compliance risks, thereby promoting fair competition and healthy development of the platform economy [1][2]. Summary by Sections Introduction - The guidelines aim to support platform operators in effectively preventing antitrust compliance risks and establishing a robust compliance management system [14][17]. Key Features of the Guidelines - The guidelines are problem-oriented and respond to societal expectations by providing clear behavioral guidelines for platform operators [3]. - They aim to promote innovation and healthy development of the platform economy by fostering a fair competitive environment [3]. - The guidelines are non-mandatory and serve as general guidance for antitrust compliance, helping to reduce uncertainty costs for platform operators [3]. Principles for Antitrust Compliance Management - The guidelines emphasize four principles: 1. Targeted principle: Identify and assess compliance risks based on industry and business model [4]. 2. Comprehensive principle: Ensure full coverage across all business areas and departments [4]. 3. Penetrative principle: Establish a thorough compliance management system across all levels of the organization [4]. 4. Continuous principle: Maintain an effective compliance management system over time [4]. Risk Identification - The guidelines provide a framework for identifying risks related to monopoly agreements and abuse of market dominance [5][6]. - They detail specific behaviors that may constitute monopolistic practices, such as price fixing and market division [22][24]. Risk Management - The guidelines encourage platform operators to conduct risk assessments, implement risk reminders, and establish a comprehensive risk management system [9][10]. - They highlight the importance of reviewing platform rules and algorithms to prevent antitrust compliance risks [10][58]. Importance of Compliance - Strengthening antitrust compliance is crucial for optimizing the competitive ecosystem and fostering innovation within the platform economy [12][13]. - Compliance is increasingly seen as a key factor for gaining recognition from consumers, employees, and investors [13].
市场监管总局重磅发布!事关平台经济→
证券时报· 2025-11-15 00:58
Core Viewpoint - The article discusses the draft of the "Antitrust Compliance Guidelines for Internet Platforms" aimed at helping platform operators identify, assess, and prevent antitrust compliance risks, thereby promoting fair competition and healthy development of the platform economy [1][2]. Summary by Sections Introduction - The rapid development of the platform economy in China has significantly improved resource allocation efficiency and driven technological innovation [1]. - The guidelines aim to provide clear compliance directions for platform operators to stabilize market expectations and boost development confidence [2]. Characteristics of the Guidelines - The guidelines are problem-oriented and respond to societal expectations by setting clear behavioral directives for platform operators [3]. - They are non-mandatory and serve as general guidance to reduce uncertainty costs for platform operators [3]. - The guidelines emphasize targeted and effective antitrust compliance management, detailing new types of monopolistic risks in eight scenarios [3]. Principles for Antitrust Compliance Management - The guidelines outline four key principles for platform operators: 1. Targeted principle: Identify and assess compliance risks based on industry and business model [4]. 2. Comprehensive principle: Ensure full coverage across all business areas and employees [4]. 3. Penetrative principle: Integrate compliance management across headquarters and subsidiaries [4]. 4. Continuous principle: Establish long-term mechanisms for effective compliance management [4]. Identifying Monopolistic Agreement Risks - The guidelines provide a framework for identifying risks associated with monopolistic agreements, emphasizing the need for clarity in analyzing behaviors under antitrust laws [5]. - Specific behaviors that may constitute monopolistic agreements are detailed, guiding operators to prevent such risks [5]. Identifying Abuse of Market Dominance Risks - Operators with significant market power must regularly assess their market position to avoid engaging in abusive practices [6]. - The guidelines specify factors to consider when determining market dominance, including market share and competitive conditions [6][30]. Risk Examples - Eight specific risk examples are provided, including algorithm collusion, unfair pricing, and discriminatory treatment, which serve as clear warnings for platform operators [9][47]. Risk Management Framework - The guidelines encourage a comprehensive risk management system encompassing risk assessment, reminders, prevention, and compliance rectification [10]. - Operators are advised to conduct thorough reviews of platform rules and algorithms to mitigate compliance risks [11]. Importance of Compliance - Strengthening antitrust compliance is crucial for optimizing the competitive ecosystem, concentrating innovation efforts, and gaining market favor [13]. - Compliance is increasingly viewed as a key factor for gaining recognition and trust from consumers, employees, and investors [13].
互联网平台反垄断合规指引征求意见 权威解读来了
Yang Shi Wang· 2025-11-14 23:56
Core Viewpoint - The article discusses the introduction of the "Internet Platform Antitrust Compliance Guidelines (Draft for Comments)" aimed at guiding platform operators in China to effectively prevent antitrust compliance risks and promote healthy development of the platform economy [1][2]. Background of the Guidelines - The guidelines are a response to the decisions made at the 20th National Congress of the Communist Party of China, emphasizing the need for a fair competitive market environment and the establishment of a regular regulatory system for the platform economy [1][2]. - The guidelines aim to enhance the antitrust compliance level of platform operators and stimulate their internal motivation and innovative capabilities [1][2]. Features of the Guidelines - The guidelines are designed to promote innovation and healthy development within the platform economy by providing clear behavioral guidelines for platform operators [3][4]. - They are non-mandatory and serve as general guidance for antitrust compliance, helping to reduce uncertainty costs for platform operators [3][4]. Principles for Antitrust Compliance Management - The guidelines outline four principles for platform operators: 1. Targeted principle: Identify and assess compliance risks based on industry and business model [5][6]. 2. Comprehensive principle: Ensure full coverage of compliance across all business areas and departments [5][6]. 3. Penetrative principle: Establish a thorough compliance management system across all levels of the organization [5][6]. 4. Continuous principle: Maintain an effective compliance management system and regularly evaluate compliance status [5][6]. Identifying Antitrust Agreement Risks - The guidelines provide a framework for platform operators to identify risks associated with antitrust agreements, including specific behaviors that may constitute horizontal or vertical agreements [7][8]. - Examples of antitrust agreement risks are provided to assist platform operators in recognizing potential compliance issues [7][8]. Identifying Abuse of Market Dominance Risks - The guidelines emphasize the need for platform operators to regularly assess their market position and avoid behaviors that may constitute abuse of market dominance [8][9]. - Specific behaviors that may indicate abuse of market dominance are detailed, along with factors to consider when determining market dominance [8][9]. Risk Management Framework - The guidelines encourage platform operators to establish a comprehensive risk management system that includes risk assessment, reminders, prevention, and compliance rectification [12][13]. - Specific areas for review include platform rules and algorithms, with recommendations for ongoing monitoring and adjustment [12][13]. Importance of the Guidelines - The guidelines aim to optimize the competitive ecosystem by fostering a culture of fair competition and encouraging collaboration among platform operators [15]. - They are expected to enhance innovation capabilities and help platform operators gain recognition in a dynamic market environment [15].
市场监管总局发布《互联网平台反垄断合规指引(征求意见稿)》
Xin Hua She· 2025-11-14 23:41
Core Viewpoint - The State Administration for Market Regulation (SAMR) has released a draft of the "Antitrust Compliance Guidelines for Internet Platforms" for public consultation, aiming to promote innovation and healthy development in the platform economy [1]. Group 1: Purpose and Nature of the Guidelines - The draft is designed to enhance antitrust compliance management for platform operators, providing clear guidance on compliance responsibilities [1]. - It is not a legally binding document but serves as a specialized compliance guideline [1]. Group 2: Content and Implementation - The draft outlines basic principles for platform operators to strengthen antitrust compliance management and details risk identification factors and specific risk control measures [1]. - It aims to protect the legitimate rights and interests of relevant parties, maintain fair market competition, and promote the standardized and healthy development of the platform economy [1]. Group 3: Risk Identification - To assist platform operators in identifying antitrust compliance risks, the draft includes examples of eight types of risks related to various platform activities, such as data transmission, algorithm application, service pricing, search ranking, recommendation display, traffic distribution, and subsidy offers [1].
依据《指引》加强反垄断合规有哪些重要意义?市场监管总局回应
Mei Ri Jing Ji Xin Wen· 2025-11-14 23:37
Group 1 - The core viewpoint of the article is the introduction of the "Antitrust Compliance Guidelines for Internet Platforms (Draft for Solicitation of Opinions)" by the State Administration for Market Regulation, aimed at enhancing fair competition and compliance among platform operators [1][2][3] Group 2 - The guidelines emphasize optimizing the competitive ecosystem by promoting a culture of fair competition and encouraging platform operators to shift from exclusionary practices to collaborative approaches that benefit all stakeholders [1] - The guidelines aim to concentrate innovation efforts by addressing new types of monopolistic risks, thereby enhancing the confidence of platform operators in fair competition and encouraging them to invest in forward-looking research and development [1] - Compliance with these guidelines is seen as a key factor for companies to gain recognition in a dynamic market, as consumers, employees, partners, and investors increasingly favor compliant businesses [2]
如何把握《指引》中列举的八个风险示例?市场监管总局回应
Mei Ri Jing Ji Xin Wen· 2025-11-14 23:37
Core Viewpoint - The State Administration for Market Regulation has drafted the "Antitrust Compliance Guidelines for Internet Platforms (Draft for Comments)" to help platform operators identify antitrust compliance risks and enhance the readability and vividness of the regulations [1] Summary by Relevant Sections Antitrust Compliance Risks - The guidelines list eight specific risk examples to assist platform operators in recognizing antitrust compliance risks, including algorithm collusion between platforms, facilitating monopolistic agreements among platform operators, unfair high pricing, selling below cost, blocking or shielding competitors, "choose one from two" practices, "lowest price on the entire network," and differential treatment by platforms [1][1][1] - These risks pertain to various operational activities of internet platforms, such as data transmission, algorithm application, service pricing, search ranking, recommendation display, traffic distribution, and subsidy offers [1][1][1] Encouragement for Self-Assessment - Platform operators are encouraged to proactively conduct risk assessments and self-inspections based on the risk examples provided in the guidelines to avoid antitrust compliance risks mentioned [1][1][1] Legal Framework - Determining whether a behavior constitutes a monopolistic act prohibited by the Antitrust Law requires investigation, evidence collection, and analytical reasoning in accordance with the Antitrust Law and related regulations [1][1][1]
市场监管总局公布《互联网平台反垄断合规指引(征求意见稿)》,八类风险场景获明确提示
Hua Er Jie Jian Wen· 2025-11-14 23:24
Core Points - The State Administration for Market Regulation has drafted the "Antitrust Compliance Guidelines for Internet Platforms (Draft for Comments)" and is seeking public feedback as of November 15 [1] - The guidelines aim to help platform operators identify antitrust compliance risks and enhance the readability and vividness of the provisions [1] Summary by Categories Antitrust Compliance Risks - The guidelines list eight specific risks for platform operators, including algorithm collusion between platforms, assisting platform operators in reaching monopoly agreements, unfair high pricing, selling below cost, banning or blocking, "choose one of two" behavior, "lowest price on the entire network," and differential treatment by platforms [1] - These risks are clear indicators of potential antitrust risks in specific scenarios related to data transmission, algorithm application, service pricing, search ranking, recommendation display, traffic allocation, and subsidy preferences [1] Recommendations for Platform Operators - Platform operators are encouraged to conduct proactive risk assessments and self-inspections based on the risk examples provided in the guidelines to avoid antitrust compliance risks mentioned [1] - Determining whether a behavior constitutes a prohibited monopoly under the Antitrust Law requires investigation, evidence collection, and analysis [1]
《互联网平台反垄断合规指引(征求意见稿)》解读
Xin Hua She· 2025-11-14 23:22
为贯彻落实党中央、国务院决策部署,支持和引导平台经营者有效防范反垄断合规风险,健全反垄断合规管理机制,保护相关主体合法权益, 维护市场公平竞争秩序,促进平台经济健康发展,根据《中华人民共和国反垄断法》(以下简称《反垄断法》)等法律规定,市场监管总局研 究起草了《互联网平台反垄断合规指引(征求意见稿)》(以下简称《指引》),于11月15日面向社会公开征求意见。现就相关内容解读如 下: 一、制定《指引》的主要背景是什么? 党的二十大对完善公平竞争市场经济基础制度,加强反垄断作出决策部署。党的二十届三中全会指出,促进平台经济创新发展,健全平台经济 常态化监管制度。《中共中央关于制定国民经济和社会发展第十五个五年规划的建议》强调,完善监管,推动平台经济创新和健康发展。2025 年《政府工作报告》明确,制定重点领域公平竞争合规指引。制定《指引》是贯彻落实党中央、国务院决策部署的具体举措,有利于完善平台 经济反垄断规则体系,提升平台经营者竞争合规水平,充分激发经营主体内生动力和创新活力。 近年来,我国平台经济快速发展,在提高社会资源配置效率、推动技术创新和产业变革、促进经济社会发展等方面发挥着重要作用。同时,互 联网平台 ...